How to Calculate a Personal Injury Settlement

When you’re hurt because someone else was careless, you may be due compensation for your injuries. But your personal injury settlement may not be easy to determine. You’re already juggling your injuries and your recovery, so how are you supposed to determine what your claim is worth?

After an injury, you need to know what your claim is worth before make a claim. If you’re not sure, your dedicated personal injury lawyer can help you get answers and recover compensation. Below are some of the steps to your personal injury settlement.

Add Up Your Economic Damages

If you’ve been hurt in an accident, your first concern may be the financial losses you’ve suffered because of your accident. The economic impacts of your injury, can be complex and cover a long period of time.

For example, you suffered a spinal cord injury. You may have accounted for the costs of your initial medical care. But your medical needs wont stop there. You may need medical care for years following a spinal cord injury. Because of this, you may need a personal injury lawyer to help you calculate the value of your claim.

Calculate Your Pain and Suffering

Your losses may go beyond the financial costs of your injuries. For example, you may have experienced intangible losses like pain and suffering or emotional trauma. These losses are intangible, which makes it difficult to quantity their resulting compensation.

The good news is, your lawyer can help you calculate the value of your claim reflective of all the ways your life was negatively affected by the accident. 

Eligibility for Punitive Damages

When someone else is responsible for your suffering, they may have done so with intenion. In these cases, you may be due punitive damages.

Punitive damages are offered when the at-fault party does something especially reckless or intentionally harmful. But these damages aren’t meant to cover the losses you’ve suffered. These damages are meant to punish the wrongdoer. The theory is, if the at-fault party has to face penalties for their carelessness, they’re less likely to act so dangerously.

But punitive damages aren’t easy to calculate. If you think you have a chance to get punitive damages, talk to your lawyer about your claim.

Talk with a Personal Injury Lawyer

When you’re hurt in a serious accident, compensation may be vital for your recovery. The problem is, it can be difficult to quantify what your claim is worth and to receive the full amount. 

If you’ve been injured in a personal injury lawsuit, your lawyer at the Henry Dailey Law Firm can help you get the maximum compensation you’re due for your claim. They will handle the details, while you focus on your recovery. Your lawyer can even begin with a free consultation, so you know what to expect before you file. Give us a call at 205-995-2412 or complete the online contact form below to learn more. 

Alabama Product Liability Laws You Need to Know

When you’re hurt by a faulty product, you may have grounds for a court claim to compensate you for the damages you’ve suffered. But getting compensated isn’t just about suing the right person—you need to know the laws surrounding your claim. 

You may have grounds for a lawsuit, but don’t hesitate to seek answers for your claim from a personal injury lawyer and get a strong defense grounded in the Alabama state laws that will impact your claim. 

Liability for Product Defects

When you’re hurt by a defective product, one of your first steps is to determine fault. The at-fault party may not take credit for their actions, making it more difficult for you to determine who’s at fault. That can lead to delays in your case and difficulties in your claim. 

So who’s liable for your injuries? In many cases, you’ll need to file a claim against the manufacturer that made the defective product. They failed to ensure their product was safe for all users, leaving you seriously injured because of this mistake. 

But they’re not the only party that may have made choices that led to your serious injuries. Other parts of the manufacturing and selling process can lead to serious injuries. Talk to your lawyer to determine who’s at fault for your injuries. 

Your Time Is Limited

You can’t wait too long to file a lawsuit. If your Alabama product liability claim isn’t filed within two years of the injury, your compensation may be denied. That leaves you without compensation for the suffering and damages you experienced because of the accident. 

Luckily, your lawyer can make this work in your favor. Evidence can be lost or destroyed over time, making it difficult to prove the at-fault party hurt you. If you move quickly on your claim, you have a stronger opportunity to get compensated fairly, with your lawyer’s guidance. 

Alabama Extended Manufacturer’s Liability Doctrine

Alabama also has a specific doctrine about product liability called the Alabama Extended Manufacturer’s Liability Doctrine (AEMLD). The AEMLD outlines what you need to prove to get compensated. For example, you’ll need to prove the product wasn’t altered substantially before it reached you. You’ll also need to prove that it was unnecessarily dangerous and caused you harm. 

These laws don’t just limit your options to prove you were injured. They can even limit your compensation. Talk to your lawyer about the compensation you’re due and how to maximize your compensation under these laws. 

Talk with a Product Liability Lawyer to Get Compensated

When you’re hurt by a dangerous product, you need to know that you have a chance to fight back and get compensated fairly for the suffering you experienced. Unfortunately, you may find state laws may make getting compensated difficult. 

It may not be easy to sue in Alabama, but your lawyer at Henry Dailey Law Firm can help. Your lawyer has the tools you need to gather information and defend your claim when you’re hurt and suffering. If you’re struggling to get compensated after a serious accident, take advantage of our free consultations. Call 205-995-2412, or complete the online contact form below. 

Auto Insurance Denied My Accident Claim—What’s Next?

When you’re hurt in a car accident, your first thought may be, “At least my car insurance will cover this.” But your first thought might be wrong. Unfortunately, you may find yourself struggling to get the insurer to approve your accident claim. 

If your insurance company has already denied your auto accident claim, you may be unsure of what to do next. It’s normal to be stressed and even angry when insurance has denied your accident claim, but there’s hope. 

Contact our firm to discuss your unique case, and read on for more information on what to do after an auto insurance claim denial.

Know What Your Claim Is Worth

Auto insurance companies may claim your accident wasn’t serious enough to warrant a settlement. Or they might have offered you a tiny, offensively low settlement. 

Whether you were denied or your claim was undervalued, you first need to know what your claim is truly worth. That way, you can prove to the insurance companies that you know what you’re owed and they won’t get away with lowballing you. 

That means digging into your economic and non-economic damages. Your economic damages should cover all your expenses. Your car may be damaged, for example, and you need either expensive repairs or a brand new car. 

But it’s not just about your car—you may have serious injuries, post-traumatic stress disorder, and plenty of missed days at work because of the accident. A lawyer can help you assign each damage a fair value and push for the maximum available compensation.

How Can Shared Fault Hurt My Claim? 

One of the most common problems you may face while trying to get an insurance settlement is shared fault. The insurance company may have already tried to pin part of the blame on you. Unfortunately, that can leave you without compensation for your injuries. 

In Alabama, any portion of shared fault may leave you with a dismissed claim. If you accept any percentage of the blame for the accident, it won’t matter how much blame the other driver has. Alabama law says you can’t recover compensation if you’re even 1 percent at fault. 

Insurers lean on that little fact to deny claims from deserving claimants. Fortunately, a good lawyer can help you avoid unfair blame and force the insurance company to hold up their end of the bargain.

Seeking Compensation After a Denied Auto Insurance Claim

When you’re hurt in a car accident, you may hope for an insurance settlement—only to be denied the help you need. When this happens, a lawyer may be your best bet for getting the compensation you know you deserve.

At the Henry Dailey Law Firm, we understand how difficult it can be to overcome an auto insurance claim denial. But we are here to give you the help you need for your lawsuit. To schedule a free consultation with a lawyer on our team, reach out by calling 205-995-2412 or by filling out the online contact form at the bottom of this page.

3 Reasons to Never Discuss Your Accident with the Insurance Company

After a serious accident, your insurance company may be your first thought when it comes to getting compensation. But discussing your accident with the insurance company may not be the best choice for your settlement. 

Before you call the insurance company, talk to your lawyer. While you need to give the insurer notice that the accident happened, discussing your accident may hurt your claim. Check out the following reasons you may need to wait before you say more to your insurance company. 

1. Mistakes Happen

When you’ve just been seriously injured, you may not be thinking clearly about the details of your accident. You may have suffered a brain injury that impacts your memory, for example, or you may misremember things after some time has passed. 

The insurance company may not be so forgiving of mistakes like this. Because the insurance company is a for-profit business, its focus is on its profits, not on your health. Because of this, any inconsistent parts of your story may be treated as a lie, which can lead to your claim being denied. 

2. Anything You Say Can Be Used in Court

Saying the wrong thing to the insurance adjuster can already go badly. But what if you tried to take your claim to court because you were denied? If you spoke directly to the insurance company, you may find your own words being used against you. 

Anything you say to the insurance company may be recorded and used against you. That may be key evidence to prevent you from getting the full settlement you need to recover from your injuries, repair your car or other property, and get treatment for your accident-related trauma. Because of this, you may need to speak with your lawyer before you ever speak with the insurance company. 

3. The Insurer May Be Acting in Bad Faith

One of the biggest problems you may face while dealing with the insurance company is bad-faith actions. When you sign a contract for an insurance policy, that policy should cover the costs of your accident when you’re hurt. But because that hurts the insurance company’s profits, the insurance adjuster may act in bad faith. That includes the following tactics: 

  • Lowballing your claim
  • Denying you without cause 
  • Ignoring your claim 
  • Answering slowly, to push you into a desperate decision

If you believe your insurance company is acting in bad faith, talking to them may not help you get the compensation you’re due after an accident. You may instead need to take your claim to a lawyer, who can communicate with the insurance company for you and take your claim to court. 

Let Your Lawyer Talk to the Insurance Company 

Here’s the good news—you don’t have to handle the insurance company alone. You may instead work with the lawyers at Henry Dailey Law Firm. They have the tools to fight for you when the insurance company is doing all it can to protect its profits.

Ready to get started on your claim? Reach out for a free consultation. Give us a call at 205-995-2412, or complete the following online contact form. 

How to Deal with the Insurer After a Car Accident

Being injured in a car accident is challenging enough, but the red tape afterward can be overwhelming, and part of that process involves dealing with the insurance company. 

But unless you’ve been involved in a car accident before, you may be unsure what to expect from the insurer, how the claims process works, or how much your injury settlement could be worth. Even if you have been in a car accident before, every case is different, and your experience with the auto insurer could be, too. 

To give you a basic idea of how to deal with the insurance company, we have included information below about how the insurance claims process works and what you might expect from the insurance company. A Birmingham car accident lawyer from our firm can answer your questions in more depth. 

Alabama Insurance Laws and Your Car Accident Claim

Alabama is a fault state for car accidents and insurance. This means that after your accident, you’ll need to exchange insurance information with the liable party so that you can file a claim with their auto insurance provider. The insurance company will then be required to compensate you up to the limits of the insured’s policy. 

This can be a difficult process, however, because many drivers only carry the state’s minimum auto insurance coverage, and many injury victims suffer far more than the minimum limits for medical expenses and property damage. This also does nothing to account for the various non-economic damages and other financial losses that you’ve endured as a result of the accident. 

If the insurance company settles at the maximum limit of the policy and you still haven’t been fairly compensated for what you’ve been through, your next step may be to bring your case to court. 

What to Expect from the Insurance Company

If only dealing with the insurance company were an easy process for the claimant. Sadly, some insurance companies make the process more challenging and confusing than it needs to be in the hopes of reducing their profit loss. 

After filing your insurance claim, you can expect the insurer to try to obtain a statement from you about how the accident occurred. From there, they may attempt to make you a very low offer or refuse to settle reasonably. If this is the case, your lawyer will be able to handle them so you get the most out of your settlement. 

Not every insurance company is out to make your life difficult, but they are all profit-driven, which sets them up to care more about their own financial gains than about you, your family, or what you’ve been through. 

Reach Out to a Car Accident Lawyer

If you want to take steps now to protect your injury settlement from the insurance company, call a reputable car accident lawyer at Henry Dailey Law Firm for help. Schedule your free consultation when you fill out the quick contact form below or call our office at 205-995-2412 so we can get started on your case. 



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